Proposed Rule2024-10980
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway; West Palm Beach, FL
Primary source
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Published
May 20, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to modify the operating schedule that governs the Flagler Memorial (SR A1A) Bridge, mile 1021.8, the Royal Park (SR 704) Bridge, mile 1022.6, and the Southern Boulevard (SR 700/ 80) Bridge, mile 1024.7, across Atlantic Intracoastal Waterway (AICW), at West Palm Beach, FL. Palm Beach County and the communities surrounding the bridges have requested the Coast Guard consider placing additional weekday restrictions during peak traffic hours to assist with alleviating vehicle congestion. This proposed modification will allow the drawbridges to operate in concert and determine whether a permanent change to the schedules is needed. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 89 Issue 98 (Monday, May 20, 2024)</title>
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[Federal Register Volume 89, Number 98 (Monday, May 20, 2024)]
[Proposed Rules]
[Pages 43797-43799]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10980]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0601]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway;
West Palm Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Flagler Memorial (SR A1A) Bridge, mile 1021.8, the Royal
Park (SR 704) Bridge, mile 1022.6, and the Southern Boulevard (SR 700/
80) Bridge, mile 1024.7, across Atlantic Intracoastal Waterway (AICW),
at West Palm Beach, FL. Palm Beach County and the communities
surrounding the bridges have requested the Coast Guard consider placing
additional weekday restrictions during peak traffic hours to assist
with alleviating vehicle congestion. This proposed modification will
allow the drawbridges to operate in concert and determine whether a
permanent change to the schedules is needed. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before June 20, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0601 using Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. This notice of proposed rulemaking with its plain-
language, 100-word-or-less proposed rule summary will be available in
this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Ms. Jennifer Zercher, Bridge Management Specialist,
Seventh Coast Guard District; telephone (571) 607-5951, email
<a href="/cdn-cgi/l/email-protection#551f303b3b3c3330277b1b7b0f3027363d302715202636327b383c39"><span class="__cf_email__" data-cfemail="f6bc9398989f909384d8b8d8ac9384959e9384b683859591d89b9f9a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
FL Florida
TD Temporary Deviation
AICW Atlantic Intracoastal Waterway
II. Background, Purpose and Legal Basis
The Flagler Memorial (SR A1A) Bridge, across the AICW, mile 1021.8,
at West Palm Beach, FL is a double-leaf bascule bridge with a 24-foot
vertical clearance at mean high water in the closed position. The
normal operating schedule is set forth in 33 CFR 117.261(u). The Royal
Park (SR 704) Bridge, across the AICW, mile 1022.6, at West Palm Beach,
FL is a double-leaf bascule bridge with a 21-foot vertical clearance at
mean high water in the closed position. The normal operating schedule
is set forth in 33 CFR 117.261(v). The Southern Boulevard (SR 700/80)
Bridge, across the AICW, mile 1024.7, at West Palm Beach, FL is a
double-leaf bascule bridge with a 25-foot vertical clearance at mean
high water in the closed position. The normal operating schedule is set
forth in 33 CFR 117.261(w).
On July 31, 2023, the Coast Guard published a temporary deviation
entitled ``Drawbridge Operation Regulation; Atlantic Intracoastal
Waterway, West Palm Beach, FL'' in the Federal Register (88 FR 49287).
That temporary deviation, effective from 12:01 a.m. on August 1, 2023,
through 11:59 p.m. on January 22, 2024, allows Flagler Memorial Bridge
to operate a restricted opening schedule during peak traffic hours in
the morning and evening. The comment period ended September 29, 2023,
with 529 comments received.
Most of the comments received during the temporary deviation
request for comments for the Flagler Memorial Bridge were in favor of
the temporary deviation. A total of 380 comments supported the
deviation and included generic comments, such as ``I support'' or ``I
support this initiative.'' The second highest group included 64
comments that were either outside the scope of temporary deviation or
did not provide an opinion. Instead, comments were given on the
adjacent drawbridges and school zones in the area. These comments were
not considered actionable as they were not associated to the temporary
deviation. Next, 63 commentors proposed alternate operating schedules.
Those proposed alternate schedules included not opening during rush
hour, or only open once an hour and at various morning and afternoon
rush hour times. The designated times included in the rule proposal to
allow the drawbridge to open on the hour during rush hour was
previously determined by local authorities. The Coast Guard feels that
a modification to those time periods is not necessary because the
blocks of time presented have been determined to be the best use of
hourly openings. To allow the drawbridge to remain closed to navigation
during the designated times or to only open once an hour would result
in an unreasonable obstruction to navigation on this waterway. The AICW
is a Federal Project Waterway extending over 1500 miles from Boston to
Florida Bay. It is the main waterway artery for all recreational and
commercial traffic that are unable to safely transit offshore. The
Coast Guard has the responsibility to ensure reasonable access to this
waterway is maintained. Allowing the Flagler Memorial Bridge to remain
closed to navigation of would be contrary to our responsibility.
Finally, 10 comments were received which were against the proposed
change. The main concern is that the bridge openings will be longer in
duration during the hourly openings. An effect of limiting drawbridge
openings is the possibility of longer openings to allow all vessels to
safely pass. This may or may not occur. However, vehicles have
alternate routes across the waterway that they may use if the bridge is
open to navigation. The only alternate route available to vessels is
open ocean, which may not be safe or reasonable to navigation. Another
concern is that more vessels will be waiting for an opening which may
cause conditions that are hazardous to navigation. Mariners must
constantly maneuver and move to maintain control of their vessels,
whereas vehicles are stationary while waiting for drawbridges. There
are areas on either side of the bridge for
[[Page 43798]]
mariners to maintain control of their vessels during the bridge
openings. The Coast Guard understands this concern and we feel this is
the reason for not allowing the bridge to remain closed to navigation
but allow for hourly openings at the designated times and then twice an
hour all other times There were also 12 comments that were duplicate
and not considered actionable.
III. Discussion of Proposed Rule
Under this proposed rule, the Flagler Memorial (SR A1A), the Royal
Park (SR 704), and the Southern Boulevard (SR 700/80) Bridges will open
hourly during pre-designated times. Vehicle traffic across these
bridges is exceeding the roadway capacity during certain times of the
day. The Coast Guard is proposing to limit drawbridge openings during
high vehicle traffic times to assist with vehicle congestion while
requesting state and local agencies consider alternate mitigation
measures to improve traffic flow and roadway congestion. The
drawbridges will open twice an hour at all other times or as outlined
in each drawbridge operating regulation. Vessels that can pass beneath
the bridge without an opening may do so at any time.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This proposed rule has not been designated a
``significant regulatory action,'' under section 3(f) of Executive
Order 12866, as amended by Executive Order 14094 (Modernizing
Regulatory Review). Accordingly, the NPRM has not been reviewed by the
Office of Management and Budget (OMB).
This regulatory action determination is based on the ability that
vessels can still transit the bridge during the designated times and
vessels able to pass without an opening may do so at any time.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you
[[Page 43799]]
submit a comment, please include the docket number for this rulemaking,
indicate the specific section of this document to which each comment
applies, and provide a reason for each suggestion or recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2023-0601 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If your material cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted, or a
final rule is published of any posting or updates to the docket.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
in response to this document, see DHS's eRulemaking System of Records
notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; DHS Delegation No.
0170.1. Revision No. 01.3
0
2. Amend Sec. 117.261 by revising paragraphs (u)(1), (v)(1), and
(w)(1) to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(u) Flagler Memorial (SR A1A) Bridge, mile 1021.8, at West Palm
Beach.
(1) The draw will open on the quarter and three-quarter hour,
except that Monday through Friday (except Federal holidays) from 7:30
a.m. to 9:00 a.m. and from 4:00 p.m. to 6:00 p.m., the draw need only
open on the quarter hour.
* * * * *
(v) Royal Park (SR 704) Bridge, mile 1022.6, at West Palm Beach.
(1) The draw will open on the hour and half hour, except that
Monday through Friday (except Federal holidays) from 7:29 a.m. to 9:01
a.m. and from 4:01 p.m. to 6:01 p.m., the draw need only open on the
three-quarter hour.
* * * * *
(w) Southern Boulevard (SR 80) Bridge, mile 1024.7, at West Palm
Beach.
(1) The draw will open on the quarter and three-quarter hour,
except that Monday through Friday (except Federal holidays) from 7:30
a.m. to 9:00 a.m. and from 4:00 p.m. to 6:00 p.m., the draw need only
open on the quarter hour.
* * * * *
Dated: May 14, 2024.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh
District.
[FR Doc. 2024-10980 Filed 5-17-24; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.